Tulasi Pari And Others Vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

Mr. J. Sahoo, learned counsel for the petitioners by filing a memo in the Court today which is taken on record, prays to not press the bail application of the petitioner No.1-Tulasi Pari, petitioner No.2-Nilakantha Nayak and petitioner No.3-Gajindra Katar. Accordingly, the bail application of petitioner Nos.1 to 3 stands disposed of as not pressed. The present bail application is only confined to the petitioner No.4-Jagyasen Pujari.

This is a bail application U/S.439 of Cr.P.C. by the petitioner No.4 for grant of bail arising out of Chandahandi P.S. Case No.18 of 2023 corresponding to C.T. Case No.76 of 2023 pending in the Court of learned Addl. Sessions Judge, Umerkote for commission of offence punishable under Sections 302/34, on the allegation of committing murder of deceased-Sankar Bagh along with co-accused persons in furtherance of their common intention.

Heard, Mr. J. Sahoo, learned counsel for the petitioner No.4 and Mr. P.K. Mohanty, learned ASC in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioner, so also the accusations sought to be brought against the petitioner and on going through the materials placed on record including the statement of the so called eye witness-Tapan Bagh and the allegation of assault on the deceased being directed against co-accused Tulasi Pari, Nilakantha Nayak, Gajindra Katar and Arjun Dungri @ Dongri @ Ganda, who are not seeking bail in this case and taking into account the pre-trial detention of the petitioner No.4 in custody since 11. 02.2023, this Court admits the petitioner No.4 to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave/similar type of offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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